UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

GIAN BIOLOGICS, LLC, Plaintiff, C.A. No. _____________ v. BIOMET INC., Defendant. JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Gian Biologics LLC (Gian Biologics), for its Complaint against Biomet Inc. (Biomet), hereby alleges as follows: Nature of the Case 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271, et seq., to enjoin and obtain damages resulting from Defendants unauthorized manufacture, use, sale, offer to sell, and/or importation into the United States for subsequent use or sale of products and/or systems that infringe one or more claims of United States Patent No. 6,835,353, entitled Centrifuge Tube Assembly (the 353 Patent). Parties 2. 3. Gian Biologics is a Delaware corporation that owns the 353 patent. Biomet is an Indiana Corporation with its principal place of business at 56 E. Bell

Dr., Warsaw, IN 46582. Biomet is engaged in the manufacture, sale, and/or importation in the United States of products that infringe the 353 patent.

Jurisdiction and Venue 4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

1338(a) because this action arises under the patent laws of the United States. 5. This Court has personal jurisdiction over Defendant Biomet because the

Defendant has established minimum contacts with the forum state Delaware. Defendant, directly and/or through third parties, offers for sale, sold, purchased, or used infringing products within the state of Delaware. In addition, Defendant directly and/or through its distribution networks, regularly places its products within the stream of commerce, with the knowledge and/or understanding that such products will be sold in Delaware. Thus, Defendant has purposefully availed itself of the benefits of the state of Delaware and the exercise of jurisdiction over Defendant would not offend traditional notions of fair play and substantial justice. 6. Defendant transacts business in the state of Delaware because, among other

things, Defendant manufactures and distributes products that are offered for sale, sold, purchased, and used within the state of Delaware. Defendant has also committed tortious acts of patent infringement in Delaware and is subject to personal jurisdiction in Delaware. Venue is thus proper in this district pursuant to 28 U.S.C. 1391(b), (c), (d) and 1400(b). Cause of Action 7. 8. Paragraphs 1 through 6 are incorporated by reference as if fully stated herein. The 353 Patent was duly and legally issued on December 28, 2004 by the United

States Patent and Trademark Office. A copy of the 353 Patent is attached hereto as Exhibit A. 9. Among other things, the 353 Patent claims an assembly for holding blood

product and for being centrifugally driven to separate the blood product into discrete components, which are retrievable from said assembly through aspiration.

10. 11.

The 353 Patent is valid and enforceable. Gian Biologics is the exclusive and current owner of all rights, title, and interest,

in the 353 Patent, including the right to bring this suit for injunctive relief and damages. 12. In violation of 35 U.S.C. 271, Biomet has been infringing and continues to

infringe one or more claims of the 353 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems. Biomets infringing products include, without limitation, its Plasmax Concentrator and its Gravitational Platelet Separation Systems including its GPS II, GPS III, Clotalyst, BioCue, and Marrowstim systems. Gian Biologics has suffered damages from Biomets infringement of the 353 Patent. 13. Unless enjoined by this Court, Defendant will continue its infringement of the

353 Patent and Plaintiff has been and will continue to be seriously and irreparably injured. 14. Defendants infringement of the 353 Patent is exceptional and entitles Gian

Biologics to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285. Prayer for Relief Wherefore Gian Biologics prays: a. That this Court enter judgment that Defendant has infringed United States Patent No. 6,835,353; b. That this Court enter a preliminary and permanent injunction restraining Defendant, its officers, agents, servants and employees, and each of them and anyone acting in concert therewith, from infringing United States Patent No. 6,835,353; c. That Gian Biologics be awarded all damages adequate to compensate it for Defendants infringement of the 353 patent, such damages to be determined by a jury, and if necessary to adequately compensate Gian Biologics for the infringement, an accounting;

d. That this case be declared an exceptional case within the meaning of 35 U.S.C. 285 and that Gian Biologics be awarded attorneys fees, costs, and expenses incurred in connection with this action; and e. That Gian Biologics be awarded such other and further relief as this Court deems just and proper. Jury Demand Plaintiff hereby demands a trial by jury of any issue triable by right by a jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. Dated: October 8, 2010 /s/Richard K. Herrmann Richard K. Herrmann (I.D. #405) Mary B. Matterer (I.D. #2696) Amy A. Quinlan (I.D. #3021) MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 Telephone: (302) 888-6800 Facsimile: (302) 571-1750 rherrmann@morrisjames.com Daniel Kotchen Daniel L. Low Robert A. Klinck Alicia Gutierrez KOTCHEN & LOW LLP 2300 M Street NW, Suite 800 Washington, DC 20037 Telephone: (202) 416-1848 Facsimile: (202) 280-1128 dkotchen@kotchen.com Attorneys for Gian Biologics, LLC

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Complaints
1:99-mc-09999 Plaintiff(s) v. Defendant(s) U.S. District Court District of Delaware Notice of Electronic Filing The following transaction was entered by Herrmann, Richard on 10/8/2010 at 8:12 PM EDT and filed on 10/8/2010 Case Name: Plaintiff(s) v. Defendant(s) Case Number: 1:99-mc-09999 Filer: Document Number: 400 Docket Text: COMPLAINT - GIAN BIOLOGICS, LLC v. BIOMET INC.. Filing fee $ 350, receipt number 0311-794090.(Herrmann, Richard) 1:99-mc-09999 Notice has been electronically mailed to: 1:99-mc-09999 Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=10/8/2010] [FileNumber=1068684-0 ] [388071809c16fed44e9e8802413043a8f1600310a93cb9ffeca352a507d33518aa2 997b93bc3422f8efff04f2901bf8ee75f83536313e5d18e7a018d0c21567d]]

https://ecf.ded.uscourts.gov/cgi-bin/Dispatch.pl?42505183414494

10/8/2010